SEELEY UNION ELEMENTARY SCHOOL DISTRICT Board Policy No. 6028: Education for English Language Learners A. It is the policy of the Governing Board to provide English language learners with a challenging core curriculum and instruction that develops proficiency in English as rapidly and effectively as possible in order to assist students in becoming productive members of our society. The District's program shall be based on sound instructional theory and shall be adequately supported so that English language learners can achieve results at the same academic level as their English-proficient peers. B. Definitions The following definitions are found in Education Code sections 300-340. 1. "English learner" means a child who does not speak English or whose native language is not English and who is not currently able to perform ordinary classroom work in English, also known as Limited English Proficiency or LEP child. 2. "English language classroom" means a classroom in which the language of instruction used by the teaching personnel is overwhelmingly the English language, and in which such teaching personnel possess a good knowledge of the English language. 3. "English language mainstream classroom" means a classroom in which the students either are native English language speakers or already have acquired reasonable fluency in English. 4. "Sheltered English immersion" or "structured English immersion" means an English language acquisition process for young children in which nearly all classroom instruction is in English but with the curriculum and presentation designed for children who are learning the language. C. Except as provided in Education Code sections 310 and 311, all students shall be taught in English. In particular, this shall require that all students be placed in English language classrooms. Students who are English learners shall be educated through structured English immersion during a temporary transition period not normally intended to exceed one year. D. Identification and assessment Upon enrollment, each student's primary language shall be determined. Within 30 days of their initial enrollment, students who are identified as having a primary language other than English shall be assessed for English proficiency in comprehension, speaking, reading and writing.
Within 90 days of initial enrollment, students identified as having limited English proficiency shall be further assessed for primary language proficiency in comprehension, speaking, reading and writing. The Superintendent or designee shall develop criteria for determining student needs on the basis of these assessments. Students in grades K-2 may be assessed only in comprehension and speaking. E. Notice to parents or guardian The Superintendent or designee shall send a notification of the results of English proficiency assessments to all parents/guardians of students who are assessed, whether the student is designated fluent English proficient or limited English proficient. Parent/guardians also shall be notified of the results of any reassessments. Before students are enrolled in a program for English language learners, parents/guardians shall receive information about the program and their opportunities for parental involvement. This information shall include the fact that an individual student's participation in the program is voluntary on the part of the parent/guardian. At the beginning of each school year, parents/guardians shall be informed of the placement of their children in a structured English immersion program and shall be notified of an opportunity to apply for a parental exception waiver. F. Students who are identified as English language learners shall be educated through Structured English immersion during a temporary transition period not normally intended to exceed one year. Nearly all of the classroom instruction in the district's sheltered English immersion program shall be in English. In the structured English immersion program, classroom instruction shall be in English. However, clarification, explanation and support, as needed, may be in a student's primary language. An English learner shall be transferred from a structured English immersion classroom to an English language mainstream classroom when the student has acquired a reasonable level of English proficiency as measured by any of the state-designated assessments approved by the California Department of Education or any locally developed assessments. A student has acquired a "reasonable level of English proficiency" when he/she has achieved the following: 1. Oral English score from language proficiency test 2. Consultation with parent 3. Classroom teacher recommendation Upon the request of his/her parent/guardian, a student shall be placed in an English language mainstream classroom.. G. Re-designation English language learners shall be re-designated as fluent English proficient when they are able to comprehend, speak, read and write English well enough to receive instruction in the regular program and make academic progress at a level substantially equivalent to that of students of the same age or grade whose primary language is English. This proficiency shall be assessed by means of the following criteria:
1. Teacher evaluation of the student's English language proficiency and curriculum mastery 2. Objective assessment of the student's English comprehension, speaking proficiency and writing skills 3. Parental opinion during a re-designation interview 4. Objective data on the student's academic performance in English The Superintendent or designee shall provide subsequent monitoring and support of redesignated students. H. Special needs waivers and right to appeal 1. Education Code 311(c) provides that a waiver may be granted when the student has such special physical, emotional, psychological or educational needs that an alternate course of study would be better suited to the student's overall educational development. Education Code 311(c) requires local Boards to establish and review guidelines for the granting/denying of "special needs" waivers by the Superintendent. The following "guidelines" should be modified to reflect the Board's deliberations and staff's recommendations as to the procedures appropriate for the district. 2. Pursuant to 5 CCR 11303, the district is required to grant all waiver requests, unless the principal and educational staff have determined that an alternative program offered at the school would not be better suited for the overall educational development of the student. Therefore, the burden is on the district staff to show why a waiver request should not be granted. Parent/guardian requests for waivers from Education Code 305 shall be granted in accordance with law and administrative regulation. 3. The Superintendent shall consider all waiver requests made pursuant to Education Code 3 1 1 (c) (Special Needs). When determining whether or not to recommend the approval of the waiver request, the Superintendent shall assume that the facts justifying the request attested by the parent/guardian are a true representation of the child's condition. All such waiver requests shall be granted unless: (1) the Superintendent and educational staff's determine that the alternative program requested by the parent/guardian would not be better suited for the overall educational development of the student or, (2) the program requested by the parent/guardian is not offered at the school. 4. When evaluating a waiver request pursuant to Education Code 311(a) and other waiver requests for those students for whom standardized assessment data is not available, other equivalent assessment measures shall be used. These equivalent measures may include local assessments, local standards and teacher evaluations.
5.If the waiver requested by the parent/guardian is granted, and less than 20 students at the same school receive a waiver, the student shall be allowed to transfer to another public school in which such a class is offered. I. Transfer requests Students wishing to transfer shall be subject to the district's intradistrict and interdistrict attendance policies and administrative regulations. Students wishing to transfer to another district shall also be subject to the receiving district's interdistrict attendance policies and administrative regulations. If the Superintendent or designee denies the waiver request, he/she shall provide a written justification to the parent/guardian describing the reasons for the denial. A parent/guardian may appeal the Superintendent's decision to the Board. The Board may consider the matter at its next regular Board meeting. The Board may decide not to hear the appeal, in which case the Superintendent's decision shall be final. If the Board hears the appeal, the Superintendent shall send the Board's decision to the parent/guardian within seven working days. J. Parental exception waivers A parent/guardian may request that the district waive the requirements of Education Code 305 if one of the following circumstances exists: 1. Students who already know English: The student already possesses good English language skills, as measured by standardized tests of English vocabulary comprehension, reading and writing, in which the student scores at or above the State average for his/her grade level or at or above the fifth grade average, whichever is lower. 2. Older students: The student is age 10 years or older, and it is the informed belief of the school principal and educational staff that an alternate course of study would be better suited to the student's rapid acquisition of basic English skills. 3. Students with special needs: The student already has been placed for a period of not less than 30 days during that school year in an English language classroom and it is subsequently the informed belief of the school principal and educational staff that the student has special physical, emotional, psychological or educational needs that an alternate course of educational study would be better suited to the student's overall educational development. 4. The parent/guardian shall personally visit the school to apply for the waiver. (Education Code 310). 5. Upon request for an application for a "Parental Exception Waiver," the principal shall provide to the parents/guardians a full written description of:
A. The intent and content of the structured English immersion program B. Any alternative courses of study offered by the district and available to the student C. All educational opportunities offered by the district and available to the student. D. The educational materials to be used in the different educational program choices E. Upon request of the parent/guardian, a spoken explanation of items a-d above shall also be provided. J. To ensure that the district is using sound methods that effectively serve the needs of English language learners, the Superintendent or designee shall annually examine program results, including reports of the students' academic achievement and their progress towards proficiency in English. The Superintendent shall ensure that the school compiles data on programs for English language learners in order to help determine program effectiveness. K. The Board encourages staff to exchange information with other districts and the county office of education about programs, options and strategies for English language learners that succeed under various demographic conditions. L. The Superintendent or designee shall maintain procedures which provide for the identification, assessment and placement of English language learners and for their redesignation based on criteria adopted by the Board. Legal Reference: Education Code Sections: 300-340, 33308.5, 44253.5-44253.10, 48985, 52015, 52130-52136, 52160-52164.6, 52169, 52171, 52171.6, 52177, 52180-52186, 54000-54041, 62000-62005.5 Code of Regulations, Title 5 sections: 4301-4320, 11300-11305 Title 20, U.S.C. sections: 1701-1705 Equal Educational Opportunities Act WEB SITES: CDE: http://www.cde.ca.gov